CHILE Law and Practice Contributed by: Francisca Levin, Benjamín Torres, María Paz Dulanto and Antonia Silva, Cuatrecasas
ily provide information to the FNE within 20 business days from the publication of the FNE’s decision to extend the investigation. Regarding access to the case file, during Phase I third parties may request access to it; however, the merging parties are entitled to oppose this. In Phase II, a public version of the investigation file becomes publicly available, enabling third parties to review it in its entirety, without confidential sections where competitively sensitive information is redacted, The FNE customarily engages with third parties to develop a deeper understanding of the relevant mar - kets, technical information on the industry, and the competitive dynamics. The FNE sends RFIs to market participants, clients and suppliers, as well as sum - moning some of them to depositions, as explained in 3.9 Requests for Information During the Review Process . 7.3 Confidentiality Pre-notification proceedings are always confidential. Neither the pre-notification request nor the FNE’s response is ever made public. Notifications are confidential until the FNE formally opens the investigation after the completeness stage. At that point, the FNE issues a completeness notice briefly describing the transaction and parties, con - firming that the notification is complete and opening Phase I. The case file remains confidential during Phase I. If the transaction is approved in Phase I, third parties may later request access, but the merging parties are entitled to oppose this. If the review is extended to Phase II, a public version of the case file becomes publicly available. Notify - ing parties and third parties may request confidential treatment for specific information when its disclosure could significantly affect the parties’ competitive posi - tion, particularly when the information is commercially sensitive. For that purpose, they must provide redact - as explained in 7.3 Confidentiality . 7.2 Contacting Third Parties
ed versions so that the FNE can compile this public file. 7.4 Co-Operation With Other Jurisdictions The FNE collaborates with foreign competition author - ities when reviewing cross-border transactions, espe - cially by sharing information on specific cases. The Merger Regulation requires the parties to disclose in their notification the jurisdictions in which they are simultaneously notifying the transaction. Based on this information, the FNE may request that the par - ties provide a waiver authorising it to communicate with other competition agencies. The parties may also choose to voluntarily submit such a waiver at any point during the merger review process. 8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review See 1.3 Enforcement Authorities . 8.2 Typical Timeline for Appeals See 1.3 Enforcement Authorities . 8.3 Ability of Third Parties to Appeal Clearance Decisions Chilean merger control law does not provide third par - ties the right to appeal a clearance decision. However, there have been attempts by third parties to challenge a clearance decision though an administra - tive appeal before the FNE. In State Grid / CGE , ODECU ( Organización de Consu- midores y Usuarios ) filed and administrative appeal against the FNE’s decision, which was dismissed as inadmissible on the grounds of lack of standing and the incompatibility of the ordinary administrative appeal procedure (Law No. 19,880 on the Basis for Administrative Procedure) with the specialised merger control regime.
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